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In January, the Office of the Privacy Commissioner of Canada (OPC) released its response to a Privacy Impact Assessment (PIA) completed by the Canadian Air Transport Security Authority (CATSA) in anticipation of the deployment of millimetre wave (MMW) screening technology at selected Canadian airports. The adoption of this technology, which shows the outline of an individual’s body beneath their clothing, has been the source of much discussion due to its perceived invasiveness.
The OPC urged CATSA to regularly scrutinize implementation of MMW screening technology and justify it against the following four-part test:
- Is the measure demonstrably necessary to meet a specific need?
- Is it likely to be effective in meeting that need?
- Is the loss of privacy proportional to the need?
- Is there a less privacy-invasive way of achieving the same end?
In considering the operational privacy risks of MMW technology, the OPC took into account the 10 privacy principles found in the Canadian Standards Association Model Code for the Protection of Personal Information, which is also included in the federal Personal Information Protection and Electronic Documents Act (PIPEDA).
In response to CATSA’s PIA, the OPC recommended that CATSA:
- develop and publicize a privacy policy about its use of MMW whole-body imaging, which specifically and clearly outlines all privacy management features governing use of the technology
- undertake a public information campaign via its Web site, at airports using posters and brochures, and using other sources such as newspaper or radio announcements, to identify the purposes of the MMW technology to the Canadian public
- ensure the images that are presented in its communications materials, posters and brochures are accurate presentations of the images obtained during MMW screening, in order to ensure informed consent
- clarify the estimated timeframe for the existence of the transitory images
- undertake an IT Threat and Risk Assessment for the system used to transmit images to the Remote Viewing Room for each configuration of MMW units at each airport location, to ensure security of the electronic images and prevent inappropriate use or disclosure
The OPC urged CATSA to use MMW technology only as a secondary screening tool and said the use of MMW should be voluntary, an alternative to undergoing a physical pat-down.
CATSA has implemented a number of steps to ensure that the process is discreet. The operator who sees the passenger at the screening checkpoint will not see the scan, and the official viewing the scan at a remote location will not see the passenger. The process will be anonymous, so that no personal information, such as the passenger’s name, boarding pass number or passport data, will be associated with the image. The images will be viewed for concealed threats and immediately deleted; they will not be recorded or transmitted in any way.
The OPC believes that these measures will help address some of the privacy concerns raised by this new security measure, however it urges CATSA to continue to consider the privacy implications of the technology, and to explore options to further minimize privacy risks for travellers.
